Justice Dept. declines to charge NYPD officer in Eric Garner's death

A protester attends the "Justice For All" march in Washington, D.C., on December 13, 2014, following the death of Eric Garner in New York City. File Photo by Gabriella Demczuk/UPI | License Photo

July 16 (UPI) -- Federal prosecutors announced Tuesday they will not file charges against a New York City Police Department officer in the controversial death of Eric Garner -- which drew national outrage five years ago.

Garner, 43, died in 2014 after he was forcibly arrested by officer Daniel Pantaleo for selling untaxed "loose" cigarettes, a misdemeanor offense. A medical examiner said at Pantaleo's police disciplinary hearing last month the pressure on Garner's neck and chest led to an asthma attack that killed him. The arresting officers testified in May they thought Garner was malingering.

Justice Department prosecutors had until Wednesday to decide whether to file charges, but ultimately declined due to a lack of evidence showing Pantaleo violated Garner's civil rights. U.S. Attorney Richard Donoghue told reporters there was also no evidence to show the officer intentionally violated the law.

The decision came one day before the fifth anniversary of Garner's death in Staten Island. The incident was photographed by a witness, and the footage heard Garner telling Pantaleo and another officer he was having trouble breathing -- leading to a national movement with the tag phrase "I can't breathe." Pantaleo denied using a chokehold, a banned tactic that for decades drew controversy at police departments nationwide.

While the Justice Department's civil rights division often took the lead in possible charges against the officers, federal prosecutors and FBI agents in New York were more skeptical of bringing a case.

Pantaleo had been the main focus of the investigation because it was he in the video with his arm around Garner's. The officer's attorneys argued the maneuver was a takedown hold.

Protests erupt in NY over police killing of Eric Garner

A Protester is arrested by police on Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march in lower Manhattan for the second night in a row following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 4, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march in lower Manhattan for the second night in a row following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 4, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march up Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Relatives of the deceased Eric Garner lead a group of protesters as they march across the Brooklyn Bridge for the second night in a row following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 4, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march in lower Manhattan for the second night in a row following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 4, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters hold caskets as they march across the Brooklyn Bridge for the second night in a row following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 4, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

NYPD Police officers contain protesters who march on both sides of 42nd Street following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters stop traffic as they march up Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march up Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

NYPD Police officers block the streets at Radio City Music Hall leading to Rockefeller Center and the tree lighting ceremony following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

NYPD Police officers block the streets at Radio City Music Hall leading to Rockefeller Center and the tree lighting ceremony following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march on both sides of 42nd Street following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

People gather in Rockefeller Center for the annual Christmas Tree Lighting Ceremony in New York City on December 3, 2014. Protesters marched around the area following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

A Protester is arrested by police on Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

A Protester is arrested by police on Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

Protesters march up Sixth Avenue following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on December 3, 2014. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo

New York Mayor Bill de Blasio speaks at the podium when he and Police Commissioner Bill Bratton hold a press conference to discuss the retraining of Police at Police Academy in New York City on December 4, 2014. Protesters reacted yesterday following a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner. Garner, a 43 year old father of six, died in July after police officers attempted to arrest him for allegedly selling loose, untaxed cigarettes in the Tompkinsville section of Staten Island. UPI/John Angelillo | License Photo